12/19/00
STATE OF WASHINGTON
ETHICS ADVISORY COMMITTEE
OPINION 00-16
Question
May a judicial officer support legislation that
authorizes an individual to elect between providing a
residence address or an alternate address at which the
individual agrees to accept service? May a judicial officer
support legislation, which would permit a retired elected
official to keep a residential address contained in voting
records confidential?
A judicial officer is concerned about having state
driver's licenses and identicards list the residential
addresses of judicial officers. In the past, the judicial
officer was able to use a post office address on the
judicial officer's driver's license but the judicial officer
has been advised by the Department of Licensing that is no
longer possible.
Because of safety concerns the judicial officer is
proposing that judicial officers support legislation that
authorizes an individual to elect between providing a
residence address or an alternate address at which the
individual agrees to accept service of process.
The judicial officer also proposes judicial officers
support legislation that would authorize a person to request
confidentiality of his or her address found on the voters'
registration list and that the request be honored by the
auditor's office.
Answer
CJC Canon 4(A) permits judges to speak, write, lecture,
teach and participate in activities concerning the law, the
legal system and the administration of justice if those
activities do not cast doubt on their capacity to decide
impartially any issue that may come before the judge.
Section (B) goes on to provide that the judge may appear at
a public hearing before an executive or legislative body or
official on matters concerning the law, the legal system and
the administration of justice and may consult with an
executive or legislative body or official, but only on
matters concerning the administration of justice.
The proposed legislation as described above would
permit any individual with the option of using an
alternative address on a driver's license, subject to
conditions. Because it does not appear to be limited only
to judicial officers, it would not be appropriate for a
judicial officer to take a position on the entire
legislation although it would be appropriate for a judicial
officer to support those parts of the legislation pertaining
to judicial officers. A judicial officer may support any
legislation, which pertains only to judicial officers.
The second legislative proposal would permit a retired
elected official, including a retired judge, to keep
confidential a residential address contained in voting
records. Again, the judicial officer could support those
aspects of the legislation addressing the concerns of
members of the judiciary but not the applicability of the
legislation to all elected officials or individuals.